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News:

FSIS website under construction
Starting September 20, 2013, we'll be making changes to the format of our website. We ask for your patience as this may be a lengthy process. Contact Signe at signen@hawaii.edu if you have problems with website functionality or navigation.

New I-94 procedure
From April 30, 2013, U.S. Customs and Border Protection (CBP) will begin implementing a paperless I-94 procedure at U.S. air and sea ports of entry.

EB immigrant visa availability
U.S. Department of State's monthly Visa Bulletin


H-1B Eligibility



Acceptance of UH job offer

H-1B minimum eligibility requirements

Exemption from annual H-1B “cap”



Acceptance of a UH job offer [top]

UH can only file an H-1B petition on a foreign national’s behalf if the foreign national has accepted a job offer from a UH department (i.e. an employment relationship exists between the UH department and the foreign national). If no job offer has been extended or if the foreign national has been offered a position but has not accepted it, UH cannot file an H-1B petition on his/her behalf.

Once a UH department enters into an employment agreement with a foreign national, the department must determine whether he/she is eligible to work in the U.S. If he/she does not already have employment authorization that will allow him/her to work at UH, he/she will need the proper authorization before employment can begin.

NOTE:
UH does not classify stipend recipients (e.g. post-doctoral fellows) as employees. This means UH cannot seek H-1B classification for foreign nationals coming to UH as stipend recipients. Instead, the J-1 Exchange Visitor classification may be the most appropriate immigration status for such positions.



H-1B minimum eligibility requirements [top]

  • The position must be in a “specialty occupation.” The position must require the theoretical and practical application of a body of highly specialized knowledge AND at least a bachelor’s degree (or its foreign equivalent) in the specific field.
  • The individual must meet the requirements for the position. The individual must have the required educational degree in the specific field or its equivalent through education, training, and experience and any necessary licenses. Degree equivalents for H-1B eligibility purposes include:
    • Bachelor’s Degree = 3 years of progressive experience for each year of formal education the individual lacks.
    • Master’s Degree = Bachelor’s degree + at least 5 years of progressively responsible experience in the specialty.
    • Doctorate = No equivalent. If the job requires a doctorate, the individual must have it.

  • JABSOM positions: If the duties will involve direct patient contact and the individual is a graduate of a foreign medical school, he/she must meet these additional requirements:
    • Passage of one of the following exams: Federation Licensing Examination (FLEX) parts I and II, or an "equivalent examination as determined by the Secretary of Health and Human Services" (HHS). HHS has designated only two exams as being equivalent to the FLEX for H-1B purposes: (1) National Board of Medical Examiners (NBME), Parts I, II, and III OR (2) United States Medical Licensing Examination (USMLE), Steps 1, 2, & 3;
    • Competency in oral and written English shown by passage of an English proficiency exam acceptable to the Educational Commission for Foreign Medical Graduates (ECFMG). ECFMG accepts and evaluates TOEFL scores;
    • A full and unrestricted license to practice medicine in a foreign country or have graduated from a medical school in a foreign country; AND
    • A license or other authorization required by the state in which the Foreign Medical Graduate (FMG) will practice or receive graduate medical education or training.



Exemption from annual H-1B “cap” [top]

UH qualifies as an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a). As such, UH is not subject to the annual “cap” or “quota” for filing H-1B petitions.


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